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Chapter 1 of 83 min read
مقدمة في Al-Hidayah and Hanafi Jurisprudence
Al-Hidayah fi Sharh Bidayat al-Mubtadi (The Guidance: A Commentary on The Beginning of the Student) is the most authoritative and widely studied text of Hanafi jurisprudence in the Islamic world. Written by Burhan ad-Din Ali ibn Abi Bakr al-Marghinani (511–593 AH / 1135–1197 CE), a scholar from Marghinan in the Fergana Valley of Central Asia (present-day Uzbekistan), it occupies a position in Hanafi fiqh comparable to that of Ibn Qudamah's Al-Mughni in Hanbali scholarship — comprehensive, rigorous, and treated as authoritative by generations of subsequent scholars.
Al-Marghinani was a product of the great Transoxanian tradition of Hanafi scholarship that had flourished since the ninth century CE. The region of Central Asia — comprising present-day Uzbekistan, Tajikistan, and surrounding areas — was home to many of the most distinguished Hanafi jurists, and by al-Marghinani's time the Hanafi school was already the dominant legal tradition across the vast majority of the Islamic world: from Central Asia to the Ottoman Empire, from South Asia to the Balkans.
Al-Hidayah is a commentary on al-Marghinani's own earlier Bidayat al-Mubtadi, itself a combination of two foundational Hanafi texts: the Mukhtasar of al-Quduri and the Jami' al-Saghir of Muhammad ibn al-Hasan ash-Shaybani. Al-Marghinani wrote Al-Hidayah to explain and expand the legal positions of these earlier works with their evidential basis — a major innovation, since earlier Hanafi manuals typically presented rulings without their proofs. Al-Hidayah thus simultaneously serves as a legal manual and an introduction to Hanafi legal reasoning.
The Hanafi school was founded by Imam Abu Hanifah al-Nu'man ibn Thabit (80–150 AH / 699–767 CE), a merchant and scholar from Kufa, Iraq. The school is characterized by its strong tradition of systematic legal reasoning (ra'y), its willingness to use juristic preference (istihsan) to mitigate the rigidity of strict analogy, and its wide application of the principle of 'urf (local custom) as a source of legal rulings. The Hanafi school places high value on consensus (ijma') and tends to be more demanding about the conditions for accepting isolated hadiths (ahad) as legally binding — requiring, in some formulations, that the hadith be widely acted upon and not contradicted by a well-established practice.
Al-Hidayah was translated into English by Charles Hamilton in 1791, making it one of the earliest Islamic legal texts available in European languages. This translation, though imperfect by modern standards, introduced Hanafi fiqh to a Western readership and influenced the administration of Islamic law under British colonial rule in India. A modern scholarly English translation was completed in the twentieth century.
The work covers the complete range of Islamic law: worship (ibadat), family law (munakahaat), commercial transactions (muamalat), criminal law (jinayat), and judicial procedure. Its influence on Islamic legal education from Istanbul to Delhi to Cairo is difficult to overstate — for centuries, any serious student of Hanafi fiqh was required to master Al-Hidayah and its major commentaries.